EXPLANATORY STATEMENT
Statutory Rules 1985 No. 86
SUBJECT: NATIONAL HEALTH ACT 1953
NATIONAL HEALTH REGULATIONS (AMENDMENT)
(Issued by Authority of the Minister for Community Services, Senator the Hon Don Grimes.)
Regulation 29 of the National Health Regulations (the Regulations) was made pursuant to section 140 of the National Health Act 1953 (the Act).
Sub-section 47(2) of the Act provides that where a qualified nursing home patient is receiving nursing home care in a non-Government nursing home, the amount of Commonwealth benefit payable under sub-section 47(1) is reduced by the amount that the fees charged in respect of the nursing home care of that patient for that day are exceeded by the sum of-
• the amount of Commonwealth benefit otherwise payable under sub-section 47(1) (sub-paragraph 47(2)(b)(i));
• the amount (if any) of Commonwealth extensive care benefit (sub-paragraph 47(2)(b)(ii)); and
• $6.70, or the amount prescribed (sub-paragraph 47(2)(b)(iii)).
In effect, sub-paragraph 47(2)(b)(iii) of the Act prescribes the minimum rate of daily patient contribution that a qualified nursing home patient who is accommodated in an approved non-Government nursing homes is required to contribute towards his or her care and treatment. The rate of $12.75 is prescribed by regulation 29 of the Regulations.
Since 1978, and until 1 November 1984, the rate of the patient contribution prescribed by regulation 29 was maintained at a level equivalent to 87.5% of the sum of the maximum standard rate of pension and supplementary (rent) assistance payable under the Social Security Act 1947. On 1 November 1984, the minimum rate of daily patient contribution was increased by 35 cents a day, a rate which was 60 cents per day less than the increase which would have occurred through the application of the 87.5% formula.
The rate of patient contribution has been reviewed following the increase in pension rates which became effective on 2 May 1985. The patient contribution rate will increase to restore the 87.5% rate.
The regulations will increase the rate of patient contribution to the new level.
The regulations will come into operation on 13 June 1985, which is the earliest practicable date for their commencement.